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South Africa decisions
Decisions matching the current search
Baloyi v Road Accident Fund (3959/18) [2025] ZAGPPHC 665 (27 June 2025)
The High Court appointed a curator ad litem after finding the plaintiff likely could not give valid instructions or manage his affairs due to severe brain injury.
Tibshraeny v Tibshraeny (5299/2024) [2025] ZAWCHC 248 (2 June 2025)
The Court held that the respondent's incapacity, as declared under Rule 57, extends to all faculties requiring sound judgment, including the ability to instruct legal representatives. The appointment of a curator ad litem is functional and not ceremonial; the curator is authorised to act in the respondent's best interests and to obtain further medical reports if necessary. Any application or notice filed without the curator's involvement lacks legal standing. The application for postponement was found to be an attempt to relitigate an issue already determined, with no new medical evidence pre…
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F.Z.M v S.M and Others (2995/2024) [2024] ZAFSHC 343 (31 October 2024)
The High Court ordered the Master to accept a disputed document as the deceased’s will under s 2(3) of the Wills Act, finding testamentary intent and capacity proved.
Mahwiting v S (A14/2023) [2024] ZALMPPHC 46 (16 May 2024)
Appeal dismissed: the High Court upheld a rape conviction and life sentence for raping an 11-year-old child, finding the evidence credible and corroborated.
Hlatshwayo v ABSA Trust Limited (054887/23) [2023] ZAGPPHC 2010 (12 December 2023)
The court dismissed an unopposed application to terminate a trust for an injured beneficiary, finding no adequate proof of capacity and procedural defects.
Bisschoff N O obo Denzil John Reyners v Passenger Rail Agency of South Africa (727/2022) [2023] ZASCA 160 (28 November 2023)
The Supreme Court of Appeal held that prescription had not run against a claimant under a disability and began only when a curator ad litem was appointed.
N.N.P v C.B.S and Others (2021/59500) [2023] ZAGPJHC 1357 (21 November 2023)
The High Court dismissed an application to set aside the sale of a deceased’s immovable property, finding the evidence did not prove incapacity at the time of sale.
Rataemane NO v SANTU Mofokeng Foundation N.P.C and Others (30124/2019) [2023] ZAGPJHC 1058 (21 September 2023)
The High Court held that the executor failed to prove Mr Santu Mofokeng lacked mental capacity when he donated his artworks to a foundation.
Hlatshwayo v Wilsnach and Another [2023] ZAGPPHC 360; 25753/2010 (12 May 2023)
The court dismissed an application to end curatorship and release RAF funds, citing procedural defects, inadequate evidence of capacity, and the need for a curator ad litem.
H :In re: Taute and Another: In re: H v H (34770/2018) [2022] ZAGPJHC 574 (18 August 2022)
High Court case appointing a curatrix ad litem in divorce proceedings after finding the defendant could not meaningfully participate without assistance.
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